Words matter. On May 22, 2017, the Ohio Court of Appeals paid attention to the specific wording in the Workers’ Compensation Act and ignored the traditional definition given to the term “third party” in workers’ compensation subrogation settings. In McKinney…
In a highly anticipated decision, the U.S. Supreme Court has finally weighed in on the issue of FEHBA subrogation and federal preemption of state laws in Coventry Health Care of Missouri, Inc. v. Nevils, 137 S.Ct. 1190 (April 18, 2017)…
Words matter. Our firm reviews as many as two to three dozen new claim files/catastrophic injury cases every day. We review these files for many reasons, but primarily to determine if the loss/injury was the result of negligence on the…
In Nevada, when a workers’ compensation carrier is subrogated to the rights of the worker under § 616C.215, the carrier has a lien on the “total proceeds” of any third-party recovery. N.R.S. § 616C.215(5). This is true whether the recovery is…
Around the world, robots are increasingly being used to perform menial and complex labor tasks in the home and in the workplace. Robots are used in restaurant kitchens to make sushi and chop vegetables. They are also important earlier in…
Effective auto property subrogation may seem simple, but it often requires a thorough understanding of some of the more confusing legal terms known to American civil jurisprudence. When the owner of a vehicle entrusts his or her vehicle to a…
A long-standing controversy has been resolved and a major anti-subrogation obstacle in Pennsylvania has been overcome. The proverbial light bulb has gone on in the Quaker State. The ongoing debate in Pennsylvania over whether a workers’ compensation carrier can initiate…
Serrano v. Workers’ Comp. Appeal Bd. (Ametek, Inc.), 2017 WL 563317 (Pa. Comm. 2017). On March 6, 2006, a container of metal powders, with which Serrano was working, exploded, severely burning him. Serrano sued Aramark Uniform and Career Apparel, Inc.…
Matthiesen, Wickert & Lehrer, S.C. (“MWL”) is pleased to announce that Caleb Katz has become an associate of the firm after a couple years serving as a paralegal and law clerk. Caleb will continue to practice insurance litigation and subrogation…
The use of expert witnesses has become an integral and indispensable aspect of American litigation, and it is often the side with the best expert who wins the day. The same holds true for subrogation files in which the subrogated…